CopyCited 8 times | Published | Florida 1st District Court of Appeal | 96 L.R.R.M. (BNA) 2948
...mployees in matters relating to their employment by a public employer. But registration of employee organizations is necessary only for those which desire to request recognition by a public employer or an election for collective bargaining purposes. Section 447.305(1)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 681857
...order, the hearing officer concluded that questions regarding these other employee organizations were irrelevant because they no longer exist and the evidence did not establish a significant connection between EBC and the Brotherhood. PERC analyzed section 447.305, Florida Statutes, which establishes the registration requirements for employee organizations, and stated as follows: One of the purposes of the registration requirements is that "of having financial and other information on the Union...
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...after refer, sets forth circumstances under which the Chairman will authorize intervention. On October 14, 1975, AFSCME filed a memorandum in opposition to petitioners' intervention contending that Local 666 of petitioners was not in compliance with § 447.305(2), Florida Statutes, and Commission Rule 8H-6.02 in that said Local had not filed an annual financial report and therefore was not a properly registered employee organization entitled to intervene in the proceeding....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...On December 23, 1974, the Union filed a petition for certification pursuant to Chapter 447 of Florida Statutes, seeking to represent certain hospital employees. The Hospital filed a motion to dismiss the Union's petition based, inter alia, on violation of 447.305 (failure to properly register). The Union withdrew its petition. On February 3, 1975, the Union filed a second petition. The evidence is uncontradicted that the Union was still not in compliance with § 447.305 at the time of its second petition....
...enial of the Hospital's motion to dismiss on the basis that the Hospital had failed to file exceptions to the hearing officer's rulings. At that hearing, PERC found that the Union had not filed its annual financial report required by Florida Statute § 447.305, determined that the Union's records were being held in connection with a grand jury proceeding and ordered the election held 45 days after the Union filed its financial report....
...REGISTRATION OF EMPLOYEE ORGANIZATIONS On appeal to this Court, the Hospital urges, inter alia, that PERC erred in failing to dismiss the Union's petition for certification on the ground that the Union had failed to properly register. Florida Statute § 447.305 states in pertinent part: "447.305 Registration of employee organization....
...stration had lapsed. After the election, PERC permitted the Union to update its registration and subsequently certified it as the exclusive bargaining representative for the employees. In the Bay County case, supra, PERC and the Union contended that §
447.305(6) "only requires registration as a condition precedent to requesting recognition by a public employer" and, therefore, since the Union *561 was properly registered at the outset, but had allowed its registration to lapse, it could "update" its registration after the election and be certified. In setting aside the election, we held (
365 So.2d at 769): "Teamsters and PERC urge that F.S.
447.305(6) only requires registration as a condition precedent to requesting recognition by a public employer or submitting a petition requesting a representation election....
...s before those employees could make an informed free choice in the election... ." In the instant case the Union contends that it may petition requesting recognition and have proceedings continue on its petition for over a year without complying with § 447.305, so long as it files its financial statement prior to the election....
...Here, the financial statement was filed, and Union properly registered prior to the election, but PERC failed to enforce the statutory requirements as a precondition to PERC's consideration of the Union as a "registered employee organization" (Rule 8H-1.10 infra at note 6). The Union claims the registration requirements of § 447.305 are "hyper-technicalities." We disagree....
...the Chairman shall direct an investigation by a designated agent of all pertinent questions concerning representation, including, if applicable, the registered status of any employee organization involved ..." [*] This "lapse" refers to the failure to annually update § 447.305(2)) the initial financial statement filed by union at time of registration (§ 447.305(1)(d)) and assumes such initial statement was filed....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2335, 1989 Fla. App. LEXIS 5527, 1989 WL 117142
...thereby adopted effectively secure to public employees substantially equivalent rights and procedures as set forth in this part... , 1 Clearly, “this part” refers to Chapter 447, Part II — “Labor Organizations, Public Employees,” which in section 447.305 sets forth procedures for registration of an employee organization....
CopyPublished | Florida 5th District Court of Appeal
...In summary, however, it appears that substantial competent evidence exists to support the designation of the bargaining unit in the instant case. Therefore, we affirm this portion of the order appealed. The next point the city raises on appeal is whether the Local 2057's failure to comply with section 447.305, Florida Statutes (1977), bars PERC from ordering a representation election. Section 447.305, Florida Statutes (1977), provides: (1) Every employee organization ......
...because it had neither complied with the registration requirements nor submitted an appropriate financial statement. The First District Court of Appeal in Bay County Board of County Commissioners v. PERC,
365 So.2d 767 (Fla. 1st DCA 1978), construed section
447.305(6) as requiring both registration and submission of financial information as a condition precedent to the filing of a petition requesting a representation election. In North Brevard Hosp. Dist., Inc. v. Florida Public Emp. Comm., No. II-407 (Fla. 1st DCA May 23, 1980), reh. denied, September 9, 1980, the First District was confronted with a union claim that the registration requirements of section
447.305 were "hyper-technicalities." The court disagreed declaring that in Bay County *300 it had addressed one of the purposes of the registration requirements-that of having financial and other information regarding the union available for...
...s of the statute and rules, be prepared to submit full credentials, including financial report, at the time it files its petition and to maintain that registration in a current status throughout the proceedings for recognition." (Emphasis supplied.) Section 447.305(6) prohibits a non-complying organization from submitting a petition requesting a representation election....
...ncy's action depended upon a finding of fact which was not supported by competent, substantial evidence. An assessment of fees against PERC is not indicated because our reversal results from PERC's erroneous interpretation of the applicable statute (447.305), which is understandable because of lack of court precedent construing the section. It being discretionary in such matters, we shall deny an award. *301 AFFIRMED in part and REVERSED in part. DAUKSCH, C.J., and ORFINGER, J., concur. NOTES [1] The 1979 Florida Legislature revised section 447.305 which now provides: (1) Every employee organization seeking to become a certified bargaining agent for public employees shall register with the commission ......
...ial report... . This statute has an effective date of July 1, 1979, and is presumed to act prospectively, absent clear legislative intent to the contrary. See generally, Department of Revenue v. Zuckerman-Vernon Corp.,
354 So.2d 353 (Fla. 1978). [2] Section
447.305(6), Florida Statutes (1977): "This prohibition shall be enforced by injunction upon petition of the Commission to the appropriate circuit court." [3] The Florida Administrative Procedure Act also contains an attorney's fee provision:...
CopyPublished | District Court of Appeal of Florida | 108 L.R.R.M. (BNA) 2534, 1980 Fla. App. LEXIS 18309
...On December 23, 1974, the Union filed a petition for certification pursuant to Chapter 447 of Florida Statutes, seeking to represent certain hospital employees. The Hospital filed a motion to dismiss the Union’s petition based, inter alia, on violation of 447.305 (failure to properly register). The Union withdrew its petition. On February 3, 1975, the Union filed a second petition. The evidence is uncontra-dicted that the Union was still not in compliance with § 447.305 at the time of its second petition....
...l of the Hospital’s motion to dismiss on the basis that the Hospital had failed to file exceptions to the hearing officer’s rulings. At that hearing, PERC found that the Union had not filed its annual financial report required by Florida Statute § 447.305, determined that the Union’s records were being held in connection with a grand jury proceeding and ordered the election held 45 days after the Union filed its financial report....
...REGISTRATION OF EMPLOYEE ORGANIZATIONS On appeal to this Court, the Hospital urges, inter alia, that PERC erred in failing to dismiss the Union’s petition for certification on the ground that the Union had failed to properly register. Florida Statute § 447.305 states in pertinent part: “447.305 Registration of employee organization.— (1) Every employee organization, prior to requesting recognition by a public employer for purposes of collective bargaining, or prior to submitting a petition to the commission for purposes of request...
...stration had lapsed. After the election, PERC permitted the Union to update its registration and subsequently certified it as the exclusive bargaining representative for the employees. In the Bay County case, supra, PERC and the Union contended that §
447.305(6) “only requires registration as a condition precedent to requesting recognition by a public employer” and, therefore, since the Union *561 was properly registered at the outset, but had allowed its registration to lapse, it could “update” its registration after the election and be certified. In setting aside the election, we held (
365 So.2d at 769 ): “Teamsters and PERC urge that F.S.
447.305(6) only requires registration as a condition precedent to requesting recognition by a public employer or submitting a petition requesting a representation election....
...before those employees could make an informed free choice in the election. . ” In the instant case the Union contends that it may petition requesting recognition and have proceedings continue on its petition for over a year without complying with § 447.305, so long as it files its financial statement prior to the election....
...he election, but PERC failed to enforce the statutory requirements as a precondition to PERC’s consideration of the Union as a “registered employee organization” (Rule 8H-1.10 infra at note 6). The Union claims the registration requirements of § 447.305 are “hyper-technicalities.” We disagree....
...the Chairman shall direct an investigation by a designated agent of all pertinent questions concerning representation, including, if applicable, the registered status of any employee organization involved . . .” This “lapse” refers to the failure to annually update (§ 447.305(2)) the initial financial statement filed by union at time of registration (§ 447.305(l)(d)) and assumes such initial statement was filed....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1151, 1988 Fla. App. LEXIS 1902, 1988 WL 44483
...1st DCA 1983); North Brevard County Hospital District, Inc. v. Florida PERC,
392 So.2d 556 (Fla. 1st DCA 1980); City of Ocoee v. Central Florida Professional Fire Fighters Association, Local 2057,
389 So.2d 296 (Fla. 5th DCA 1980). The courts in these cases interpreted Section
447.305(1), Florida Statutes (1985), to require dismissal of a petition if the employee organization is not in full compliance with the Commission’s registration requirements when the petition is filed. “As we explained in Palm Bay, in the absence of a statutory amendment or a change in the judicial interpretation of Section
447.305 to allow the curing of a significant registration defect, we feel obligated to follow these judicial decisions.” We agree with PERC that SEA’s failure to disclose as employees or representatives of SEA the names of four individual...
...Central Florida Professional Fire Fighters Association, Local 2057,
389 So.2d 296 (Fla. 5th DCA 1980), reverse the order under review, and remand the cause to PERC with directions to accept SEA’s corrected registration certificate. Reversed and remanded. SCHWARTZ, C.J., concurs. . This filing was pursuant to Section
447.305(1), Florida Statutes (1985), which provides in pertinent part: "(1) Every employee organization seeking to become a certified bargaining agent for public employees shall register with the commission pursuant to the procedures set forth in s....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 25433
comport with the registration requirements of section
447.305(l)(h), Florida Statutes (1979), and to clarify
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17159, 100 L.R.R.M. (BNA) 2053
...The County urges that PERC erred in overruling its objections to the election and in failing to set aside the election. The primary thrust of the County’s argument relates to PERC’s failure to require Teamsters, as a condition precedent to holding the election, to comply with F.S. 447.305(1), (2) which states in pertinent part: “447.305 Registration of employee organization....
...447.-305(6) only requires registration as a condition precedent to requesting recognition by a public employer or submitting a petition requesting a representation election. However, we construe the statute in its entirety and more broadly. The first five subsections of F.S. 447.305 contain numerous requirements....
CopyPublished | District Court of Appeal of Florida | 93 L.R.R.M. (BNA) 2406, 1976 Fla. App. LEXIS 15333
...ter refer, sets forth circumstances under which the Chairman will authorize intervention. On October 14, 1975, AFSCME filed a memorandum in opposition to petitioners’ intervention contending that Local 666 of petitioners was not in compliance with § 447.305(2), Florida Statutes, and Commission Rule 8H-6.02 in that said Local had not filed an annual financial report and therefore was not a properly registered employee organization entitled to intervene in the proceeding....
